Los Angeles daily herald., 1887-08-19
DAILY HERALD.
TIE FEDERAL COURT.
Judge Ross Maiden Charg c to the
Grand Jury.

OOuTI lOl lll6 COutIleTu DlSITlCU Ol 1ul-
ifornia vas impanelled yesterday,
and the hllowing charge to the body
was delivered by Judge Ross. As this
is the first Federal Grand Jury ever
organized in this court, and as the
charge embraces some new points of
legal interest, and, furthermore, as it
is very earned composition, it is
herewith printed in full
-GENTLEMES OF THE GRAND JURY-Al.
though you ale impaneled and sworn in the
District Court for Southern California YOU
are To take tognzance of all crimes and
oifenses against the laws of the United
States within he jurisdiction of the Circuit
Court for thi district as well as OF the Dis
trict Court. And, inasmuch as yOu consti-
tute the first Grand Jury since the organiza-
tion of this district it seems proper that you
should be full! instructed upon the nature
of your du les md the limits to the sphere
of your investigations Those duties and
limits are SO CLEARLY pointed out in charge
delivered II few years ago by Mr.. Justice
Field, of the supreme Court, to a Grand
Jury impaneled in the Circuit Court at San
Francisco, tha | can not do better, nor,
indeed, 80 well than, to quote at length
from him for your guidance. "By the con
stitution of the United States" said the
justice, mo person can be held to answer for
u capital, or otherwise infamous crime, un-
less on presentment or indictment of a
Grand Jury, except in cases arising in the
land or naval forces or in the militia
when in actual service in time of war or
public danger. No steps, therefore, can be
taken, with the exceptions mentioned, for
the prosecution of any crime of an infamous
character-and under that designation the
whole series OF felonies is classed-beyond
the ar est, examination and commitment of
the party accused, until the grand jury have
deliberated and acted upon the accusation.
Your functions are, therefore, not only i'm
portant; they are indispensable to the ad-
ministration of criminal Justice.
The institution OF the grand jury is of
very ancient origin in the history of Eng
land; it goes back many centuries For u
long period its powers were not clearly de-
fined; and ii would seem, from the ac-
counts of commentators on the laws of that
country, that it was at first Il body which
lie offenders However this may have
been in its origin, it was, at the time of the
settlement of this country, an informing
and accusing tribunal only, without whose
previous action no person charged with Il
felony could, except in certain special cases,
be put upon his trial. And in the struggles
which at times arose in England be-
tween the powers of the king and
the rights of the su bject, it often stood as Il
barrier against prosecutions in his name
until, at length, it came to be regarded as
an institution by which the subject was
rendered secure against expressions from
unfounded prosecutions of the Crown.
In this country, from the popular char
acter OF our institutions, there has seldom
been any contest between the Cover ment
and the citizens, which required the exist
ence of the Grand Jury as protection
against oppressive action of the govern
ment. Yet the institution was adopted in
this country, and is continued from consid-
erations similar to those which give to it its
chief value in England and is designed as
means, not only of bringing to trial per
sons accused of public otfenses upon just
grounds, but also as Il means of protecting
the citizens against unfounded accusations,
whether it comes from government, or be
prompted by partisan passion or private en-
nifty. No person shall be required, accord
ing to the fundamental law of the country,
except in the cases mentioned, to answer
for any of the higher crimes, unless this
body, consisting of not less than six
teen, nor, more than twenty,three,
go0d and fbe hn1y lawful of men sbe Ssiret
shall declare, upon careful deliberation,
under the solemnity of an oath, that there is
good reason for his accusation and trial.
From these observations it will be seen,
gentlemen, that there is a double duty cast
upon you as Grand Jurors of this district;
one "A duty to the government, or, more prop
erly speaking, to society, 10 see that parties
against whom there is just ground TO charge
Int com llllSkIOU Ol CTllut slHll Dt Helu ~
answer the charge; and on the other hand, a
duty to the citizen to see that he is not sub
jected to prosecution upon accusations hay
ing no better foundation than public clamor
or private IN alice.
The government has appointed the District
Attorney to represent its interest in the pro-
secution of parties charged with the com
mission of public otfenses against the laws
of the United States. He will therefore APP
pear before you, and present the accusations
~
considered by you. He Will point out to you
the laws which the government deems to
have been violated and will subpoena for
your examination such witnesses as he may
other witnesses as you may direct In
your investigations you will receive
only legal evidence, To the exclusion of
mere reports, suspicious and hearsay evil
dence. Subject to this qualification, you
will believe all the evidence presented
which may throw light upon the matter un-
der consideration, whether it tend to estab-
lsh the guilt or the innocence OF the ac-
cused. And more: If, in the course of your
inquiries, you have reason to believe that
there is other evidence, not presented to you,
within your reach, which would qualify or
explain away the charge under investiga-
ton, it will be your duty to order such evi
dence to be produced. Formerly it was held
that an indictment might be found if evil
dence were produced to render the truth of
the charge probable. But different and a
more Just and merciful rule now prevails.
To Justify the finding of an Indictment you
must be convinced, SO far as the evidence
before you goes, that the accused is guilty.
In other words, you ought not to find an in
dictment unless, in your judgment, the evi-
dence before you, unexplained ana uncon-
tradicted, would warrant conviction by a
petit jury.
How far you should proceed to inquire
into other matters than such as are brought
to your consideration by the government,
Al u. ttsr on thn hfQtr nf
Attorney, has been a matter of ,Iuch conflict
of opinion among different judges.
Before giving our views upon this subject
it is proper to state that there is wide diff
Grand Juries OF the State Courts of Califor-
mia and of Grand Juries OF the National
Courts.
BY a statute of the State, Grand Juries OF
the State Courts possess very great inquisi-
torial powers. They are required to inquire
into the official misconduct Of public oiii-
GERS of every description in their county,
and are entitled to the examination of all
public records. They are bound by their
oath to inquire into and presentment make
of all public officers against the laws of the
State committed or trouble in their county,
of which they have, or ''can obtain" legal
evidence In order TO ascertain whether oil
not there has been any official misconduct
in any public officer, they have, under the
statute, au hority to inspect all his books
and records, and to subj ct him to Il search
ing examination.
No such general authority to inspect the
books of the officers of the United States
and to subject the officers themselves tc
examination in respect to the entries
in those books, is possessed by the Grand
Juries of the National Courts The exercise
of such authority might prove of serious
detriment to the public service, for it might
interfere with the established system by
which the accountability of the local officers
of the Uuited States to the executive depart
ments at Washington is secured. You will
readily perceive that an inspection by the
Grand Jury, for instance, OF the books OF the
Collector of Customs at this port, and re-
auirlng that officer to explain his entries
and his conduct, often directed by private
and confidential communications from those
departments, might seriously EN- barrass the
government in lts action. So too, embar-
rassment might follow from similar in,
spection of the records and examination OF
other officers of the United States.
The examination of the books ana ac'
counts of the officers of the general govern,
ment is provided by law or regulations OF
the executive departments. When on such
examination the accounts are found to be
unsatisfactory, and defects and delinquen-
cies are discovered which render the officers
ha